Confidential Private Privileged

Who Can I Talk To On My Campus Without Reporting?

 

Not all school employees can maintain your confidentiality. Your school should make clear who you can turn to.

Sexual assault survivors respond in different ways. Some may be comfortable with their information being public and moving forward with a formal complaint, while others may need someone to talk to confidentially to sort through their options before moving forward. 

Before you disclose information about a sexual assault you may want to ask about what level of confidentiality the person you’re speaking with can provide.  This will allow you to make an informed decision about the information you share and will let you know where your information will go once you share it.

What are levels of confidentiality?

There may be exceptions to these varying types of confidentiality. It’s important to ask the person who you plan on disclosing to what those exceptions might be.

Privileged Communication

Under Oregon law, communications with some individuals are privileged. This means that any information shared with a specific individual will not be used in court or shared with others. This individual cannot be subpoenaed to testify in the court of law. Students should always confirm whether privilege applies to communication with someone. Individuals who can offer privileged communication usually include: Student Health and Counseling Services counselors, Health Care Providers and Clergy/Religious counselors. *Privilege only applies if the professionals listed are acting within the capacity of their title. This may not extend to faculty. (For example: disclosing to a counselor who you are their patient) 

Confidential Communication

Some school officials have been given the capacity to keep information confidential.   This means the information will not be shared unless the official determines that the seriousness of the situation requires further action. These conversations are not protected against subpoenas. *You have the right to request for confidentiality from your school while they weigh your request against their obligation to provide a safe environment for all students.

Private Communication

Oregon schools are committed to creating an environment that encourages students to come forward after an assault. Generally, schools will safeguard the identities of the students who seek help by keeping the information private. This means the information is disclosed only to select university personnel who need to know.

 

There is no one “right” response to sexual violence. Not everyone decides to report. You deserve to feel safe. Confidential services are available regardless of whether or not you decide to report to the police or to your school. Advocates are a confidential resource to get the support and information you need. Click HERE to find an advocate near you.

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